FALL 2021 THE SPORTS LAW ISSUE - …

FALL 2021

THE SPORTS LAW ISSUE

The Winning Career Record of Marquette Sports Law Alums

Ray Cannon, L'1913, Sports Law Pioneer

Assessing the Off-the-Field Tumult in College Sports

ALSO INSIDE

Chicago's Lakefront--The Story of the Public Trust Doctrine A Faculty Conversation on the Criminal Justice System The Law School in the World War II Era Honoring Professors Edwards and Williams

1 MARQUETTE LAWYER FALL 2021

FROM THE DEAN

Meeting People in a Pandemic

Carpe diem, my mother used to say. She took the phrase from Horace, of course, and she gave it a different spin or interpretation from some. For her, "seize the day" was no Epicurean imperative but, rather, a reminder that each day brings with it opportunities--often in the form of new people to meet.

This has seemed to me among the many great challenges of the COVID era. It is hard to meet new people. Ordinarily, for example, Eckstein Hall, the extraordinary home of Marquette University Law School, is full of visitors coming to us for distinguished lectures, civic discussions, continuing legal education programs, or brown-bag lunches associated with our pro bono programs (not to exhaust the list). Eckstein Hall is, as promised from the earliest beginnings of the building project, both open to the community and designed to foster a sense of community.

Now, of course, in the temporary constraints on these opportunities (and even as we are gradually reopening to the public), one has to work harder to meet new people, to learn about them and their careers, to gain insights from their experiences. To an extent, yes, it is easier, in that a Teams or Zoom meeting can be done from one's office or even home, but no one doubts that such a remote format also has considerable downsides, with respect to the relative quality of the typical interaction.

Thank goodness that one constant in this challenging time has been the availability and importance of reading. Surely, this is a good thing in general for legal education, whose central building block remains the study of legal doctrine and which places great emphasis on helping students develop the closely associated skill of legal writing. Indeed, it is without apology that I tell first-year students that they will largely teach themselves the law, beginning with their reading. (You will not doubt that it is with apology, in an older sense of the term, that I defend and clarify the statement to them.)

This brings us, then, to the latest issue of the Marquette Lawyer. It is our sure hope that we will

give you here, as a reader, the opportunity to learn

something--about our alumni and students in the

sports law program; about our faculty and their

work, particularly in sports law and criminal law;

about two of our emeritae faculty; about individuals

who formed our community during World War II;

and about a number of others. All of this is to say

that, in an imperfect sense, we give you here an

opportunity to meet people.

Many of these people may be new to you. In the

lead story, for instance, we chronicle the unfolding

career journeys of a number of our graduates and

students who studied or are studying sports law

here. Space constrains us greatly, and I regret the

absence of so many other engaging figures from our

sports law program.

Besides not running

the story, the only way

FALL 2021

for our editor not to

make choices among

actual people might

have been to profile

the bobbleheads

in Professor Paul

Anderson's office. We

Some Figures of the Marquette Sports Law Program

got ready just in case (see the alternative

cover to the left), but

that idea didn't seem a

1 MARQUETTE LAWYER FALL 2021

particularly good one.

* * * * My mother made the point other ways. The question each evening was less likely to involve what one had done that day and more likely to concern whom one had met--on the bus, at school, or otherwise. Any encounters thus recounted would have had the advantage of involving two-way communications--conversations. A magazine cannot do that, but there are people of ours to meet here.

Joseph D. Kearney Dean and Professor of Law

2 MARQUETTE LAWYER FALL 2021

Contents FALL 2021

THE SPORTS LAW ISSUE

4

A Winning Record

by Alan J. Borsuk From big-time sports franchises to college athletics to classrooms to private practice, Marquette lawyers who as students focused on sports law are building successful careers, while current students prepare for what is ahead for them.

20

Ray Cannon, Sports Law Pioneer

by Thomas G. Cannon A Marquette lawyer of a century ago chose the law over professional baseball, but participated in the sports world as a lawyer for some of that era's biggest-name athletes.

26

Unpredictable and Stormy, with Some Hope for Improvement

Bill Scholl, Marquette University's athletics director, and three Marquette Law School professors, Paul Anderson, Vada Waters Lindsey, and Matt Mitten, discuss some of the major changes reshaping college sports.

2

From the Dean

30

Lakefront and the Public Trust Doctrine

by Joseph D. Kearney and Thomas W. Merrill

A new book, the result of more than two decades of research, describes how Chicago's worldfamous lakefront came to be, including its role as the birthplace of the public trust doctrine, which continues to affect development across the United States, in a rather uneven way.

50

Pandemic (or War) Notwithstanding

Kudos to the editors of the Marquette Law Review, at its annual gathering this past spring, provide the opportunity to recall as well the World War II era at the Law School, through excerpts from past Marquette Law School Faculty Blog posts by the late Professor J. Gordon Hylton.

Francis X. Swietlik shakes the hand of Clifford Thompson, the tallest graduate of Marquette Law School, outside the doors of Sensenbrenner

Hall, ca510944.

42

58

Too Slow, Too Big, Too Heavy-handed

Celebrating the Careers of Professors

The daily realities of law enforcement

Carolyn Edwards and Phoebe Williams

and legal practices in the criminal justice Colleagues, former students, and the provost of

sphere are the subject of a roundtable

Marquette University celebrate two emeritae law

discussion among Marquette Law School professors at a portrait-unveiling ceremony.

Professors Daniel Blinka, Edward Fallone,

42

Michael O'Hear, and Andrea Schneider.

66

Class Notes

Marquette University Law School Eckstein Hall P.O. Box 1881 Milwaukee, WI 53201-1881 Phone: (414) 288-7090 Fax: (414) 288-6403 law.marquette.edu

EDITOR: Alan J. Borsuk

DESIGN: Douglas Frohmader Andy Haas Schneider

COPY EDITOR: Amy Bauman

COVER: Stephanie Dalton Cowan

PHOTOGRAPHY: John Nienhuis

Copyright 2021

Marquette University. All rights reserved.

FALL 2021 MARQUETTE LAWYER 3

4 MARQUETTE LAWYER FALL 2021

A WINNING RECORD

In the pros, in university athletics departments, in classrooms, in business offices, in law firms, and elsewhere yet, the Marquette lawyers who participated in the school's sports law program are building vibrant careers.

By Alan J. Borsuk

Mahmood (Momo) Abdellatif grew up just outside of Atlanta. A big sports fan, he wanted a career connected to sports, even if he wasn't going to be an athlete.

He got his undergraduate degree from Berry College, a small private liberal arts college in northwest Georgia. In the mid-2010s, he followed developments on the Atlanta sports scene, particularly construction of Truist Park, a new baseball stadium for the Atlanta Braves, and Mercedes-Benz Stadium, now home of the Atlanta Falcons.

Abdellatif told himself that there must be a lot of lawyers involved in the stadium projects. A career goal formed: He wanted a career along the lines of those lawyers.

On March 31, 2017, when Truist Park opened, the people who played central roles in making it a reality were introduced on the field. "That was pretty surreal and pretty neat," recalled Greg Heller. "Professionally, that was a highlight." As executive vice president and chief legal officer of the Atlanta Braves, he had earned his place in the spotlight. Heller and Abdellatif don't know each other. But in an important way, they are linked. The career path of one and the career possibilities of the other both are tied to Marquette Law School, its nationally renowned sports law program, and the work of the National Sports Law Institute, part of the Law School. Heller, L'96, goes back to a time when the National Sports Law Institute was housed separately from the Law School, and Martin Greenberg, L'71, a full-time Milwaukee lawyer with a strong interest in sports and part-time member of the Marquette law faculty, was spearheading the rise of the program. Heller became assistant team counsel of the Atlanta Braves in 2000 and general counsel in 2007. "My run is anything and everything legal," he said. The projects to construct the baseball stadium and the Battery Atlanta, a large adjacent entertainment district, are among the top accomplishments in which Heller has played a role.

Illustrations by Stephanie Dalton Cowan, illustrated portraits by Arthur Mount

FALL 2021 MARQUETTE LAWYER 5

 ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download